Fla. Admin. Code Ann. R. 73C-50.005 - Application Challenge Process
(1) A
Broadband Internet Service Provider that provides existing service in or
adjacent to a proposed project area may submit a challenge to an application.
The Provider may challenge all or a portion of a proposed project
area.
(2) Challenges must be
submitted within 45 days of the Office's publication of the list of the
proposed unserved areas to be served. Challenges must be in writing, with an
affirmative certification by the Provider of the accuracy of the information
asserted, including a Geographic Information Systems map of the challenged
area, and containing detailed information demonstrating one or more of the
three factors set forth in Section
288.9962(6)(c),
F.S. The Provider must also submit any other documentation to support the
challenge.
(3) Challenges may be
submitted to the Department of Economic Opportunity, Florida Office of
Broadband, 107 East Madison Street, Mail Station #160, Caldwell Building,
Tallahassee, Florida 32399-4128, or via e-mail at Broadband@deo.myflorida.com.
Any and all confidential business information or proprietary information must
be identified upon submission and a redacted copy of the same material provided
to the Office concurrent with the claim of confidentiality or proprietary
protection. Each individual portion of the redacted copy that the broadband
Internet service Provider asserts as confidential must contain a citation to
the specific law making the content of the redacted portion
confidential.
(4) Within three
business days of receiving a timely challenge, the Office will notify the
Applicant, in writing, and provide a copy of the challenge. The Applicant shall
have 30 calendar days from the date on the notice of challenge to respond, and
the Applicant's application will be placed in pending status.
(5) The Applicant's response must address, in
detail, each factor identified in the challenge and include concise statements
of the Applicant's position regarding each factor. The response must also state
with specificity the Applicant's reason(s) the challenge is not valid and
include any supporting documentation. If the Applicant and challenging entity
can mutually settle the challenge, the settlement must be submitted to the
Office, in writing, within 30 days of the challenge notification.
(6) The Office shall evaluate challenges in
accordance with Section
288.9962(6)(e) and
(f), F.S. The Office shall have 30 calendar
days to review an Applicant's response and issue a written determination
granting or denying the challenge. When a challenge is granted for only a
portion of the proposed project area, the Office shall award a grant to the
unchallenged and unserved portion of the grant application.
(7) The Office shall publish a list of all
grant applications received and all written challenges and the results of those
challenges on its website at www.floridajobs.org/broadband in accordance with
Section 288.9962(10),
F.S.
Notes
Rulemaking Authority 288.9961(5)(d) FS. Law Implemented 288.9962 FS.
New 11-30-22.
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